JOHN CHIARENZA, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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We affirm Appellant John Chiarenza’s conviction for aggravated assault. The jury’s verdict is supported by competent, substantial evidence of each element of the crime. Walker v. State, 957 So.2d 560, 577 (Fla. 2007). Further, the trial court did not abuse its discretion in denying the admission of Chiarenza’s preferred expert. Rodriguez v. State, 413 So.2d 1303, 1304 (Fla. 3d DCA 1982). Nor did the trial court abuse its discretion by denying Chiaren-za’s requested special “defense theory of the case” jury instruction. While the trial court, in its discretion, certainly could have given the defense’s special instruction (Card v. State, 803 So.2d 613, 624 (Fla. 2001)), the standard instructions given to the jury fully covered Chiarenza’s defense theories. Stephens v. State, 787 So.2d 747, 755-56 (Fla. 2001).
Affirmed.
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Citator
Cited By
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Talley v. State, 260 So. 3d 562 (Fla. 3d DCA 2019)
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Kasheena Mordica v. State, 305 So. 3d 745 (Fla. 3d DCA 2020)…ication to standard instructions is not an error where the instructions given adequately cover applicable legal standards and the defendant’s theories of the case.” Talley v. State, 260 So. 3d 562, 570 (Fla. 3d DCA 2019) (citing Chiarenza v. State, 217 So. 3d 128 (Fla. 3d DCA 2017); Stephens, 787 So. 2d at 755.). Mordica’s requested special instruction was identical to the standard jury instruction on justifiable attempted homicide except for the addition of two words: “or conveyance.” The first half of th…
Authorities Cited
- Stephens v. State, 787 So. 2d 747 (Fla. 2001)
- Card v. State, 803 So. 2d 613 (Fla. 2001)
- State v. Murphy, 957 So. 2d 560 (Fla. 2007)
- Walker v. State, 957 So. 2d 560 (Fla. 2007)
- Eliceo Rodriguez v. State, 413 So. 2d 1303 (Fla. 3d DCA 1982)